NEPAL: Pregnant woman beaten for marrying Dalit, in-laws threatened

Dear Friends,

The Jagaran Media Center (JMC) has informed the Asian Human Rights Commission that a pregnant 21-year-old woman, Rajani Thapa Magar, who married Lal Bahadur Bishwokarma, a Dalit man, has been beaten by her family. The woman’s family belongs to the Magar ethnic community. The police have apprehended five members of Rajani’s family. However, the family has been threatening the couple to withdraw the complaint, pressuring Rajani to return home, and is planning to register a counter case of forceful rape and underage marriage, having secured a forged document that certifies Rajani was underage when she wed Lal Bahadur.

CASE NARRATIVE:

Mrs. Rajani Thapa Magar (21), wife of Mr. Lal Bahadur Bishwokarma (21), was beaten by her family on 3 February 2015 while she was three months pregnant. The couple resides in Ward 4, Kalyanpur Village Development Committee (VDC), Nuwakot District, Nepal, which is located 2 km from the Bidur District Headquarters, Nuwakot District.

Rajani and Lal Bahadur, who had been romantically involved for a while, married each other on 31 January 2015. Rajani’s family members were not happy with her decision because, according to them, she belongs to a so-called high caste ethnic group and should and not have married a Dalit man. They had been pressuring her to break off her involvement with Lal Bahadur, but she refused.

On 2 February, around 10 a.m., Rajani, Lal Bahadur, and Lal Bahadur’s family were in their house. Rajani’s aunt (her mother’s sister), Ms. Manju Rana, arrived and asked Rajani to accompany her to meet her mother. Rajani told her aunt that she was unable to go and that if her mother wants to speak with her she could come over. Manju Rana responded with foul caste based words and left.

The same day, at around 3 p.m. Rajani’s mother, Rama Thapa; her brother, Susan Thapa; her uncle, Mahendra Thapa; Bhadra Bahadur Rana; and two of her other aunts arrived at the house with 15-18 other relatives and demanded Rajani leave her husband. Again, she refused. The group then called another 60-80 local Magars, and they all surrounded the house of Lal Bahadur.

They told Rajani that they just want to talk. She believed them and stepped outside the house. The mob took her around 200 meters away from the house, and again demanded that Rajani leave her husband. They began with verbal pressure and threats for around 30 minutes. They told her that by marrying an untouchable, she has defamed the whole community, which does not take water and food touched by a Dalit. When Rajani refused and turned back, members of the mob attempted to force her onto a motorbike to take her away.

Rajanis’s mother, brother, uncle, and another relative began attacking Rajani: they pulled her hair and started beating her with wooden sticks and stones while chanting, “kill her”. Rajani thought that they would beat her to death, so she ran away screaming “save me, save me”. She was bleeding from her mouth and nose by the time she entered the house and locked the door from inside. Her husband’s family called the Area Police Office, Deurali Village, for assistance.

The Magars surrounded the house, trapping the family inside, and threatened Rajani with death if she came out again. While this was going on, Rajani passed out as a result of her injuries. An hour or so later the police finally arrived. They promised to find the perpetrators, but did not conduct any sort of investigation.

Rajani suffered numerous bruises on her entire body. Lal Bahadur’s family took her to the District Hospital, Trishuli, by jeep at around 5 p.m., where she was hospitalized. According to the doctor, Rajani had sustained internal wounds due to the beating. Her situation deteriorated due to regular bleeding from her private parts. Rajani could not walk and sit properly due to the beating.

As a result of the continued threats, after Rajani was released from the hospital, she and her husband took refuge at Lal Bahadur’s relatives’ place in the district headquarters. Rajani made an oral complaint at the District Police Headquarters on 3 February 2015,providing names of five alleged perpetrators. Lal Bahadur registered the oral case against five alleged attackers, as per the Caste based Discrimination Offence, at the Police Office on 4 February 2015. The police have arrested 5 persons on the basis of the complaint, and are carrying out an investigation.

However, Rajani’s family has been planning to file a case of forceful rape and child marriage, using the argument that she was still underage at the time of the marriage; the Asian Human Rights Commission (AHRC) has learnt that they have secured a forged document for that purpose.

The AHRC is worried about the safety and security of the married couple as they are still receiving threats. Therefore, the AHRC urges the government of Nepal to immediately intervene and investigate this incident. The government should direct the police to provide protection to Rajani Thapa Magar, her husband, and their family. The family members of Rajani must be punished if found guilty.

BACKGROUND INFORMATION:

Inter-caste marriage between Dalits and non-Dalits is a huge issue, which challenges the orthodox caste discrimination and untouchability practiced in Nepalese society. In Nepalese society, there is hierarchy not only between Khas, Chhetri, and Dalits but also between Dalits and Janajati groups such as the Magars. These communities still do not accept inter-caste marriage. In spite of social pressure, such marriages are becoming more common among young couples. In most of such cases, the boy or girl from the Dalit community face harassment and mortal danger, and threatened, beaten, and displaced.

There are only few Dalits houses in Kalyanpur VDC; the local majority is from the Magar Community. Before this incident, the Magar community has dominated the Dalit community on the basis of caste.

SUGGESTED ACTION:

Please send letters to the authorities listed below, expressing concern about this act of caste-based discrimination, and requesting immediate intervention. 

The AHRC has written a separate letter to the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance calling for his intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER